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食品安全一直是备受社会公众关注的问题,近年来食品安全领域事件的多发,不得不让大家重新审视我国现有的食品安全制度。2015年10月1日,《中华人民共和国食品安全法》(以下简称“新《食品安全法》”)修订后正式实施,针对社会现状,增加了一些先进的制度和理念。2015年7月2日最高人民检察院发布了关于《检察机关提起公益诉讼改革试点方案》,再一次让公益诉讼进入了人们的视野。从公益诉讼改革试点方案提出至今,公益诉讼的范围基本限于环境污染的民事或行政公益诉讼,对于食品安全问题提起公益诉讼的却寥寥无几。但公益诉讼制度的优越性恰恰能较好地契合食品安全领域的特殊性,公益诉讼有助于实现社会共治,从预防到救济实现全方位的影响,从经济和精神上双重抚慰当事人。因此,在食品安全领域引入公益诉讼制度,将改善我国目前在食品安全领域行政监管不力,救济不足的现状。完善食品安全领域公益诉讼制度的构建将推动公益诉讼制度在食品安全领域的运用。
Food safety has always been a subject of great public concern. In recent years, multiple food safety incidents have forced everyone to re-examine the existing food safety system in our country. On October 1, 2015, the “Food Safety Law of the People’s Republic of China” (hereinafter referred to as the “new” Food Safety Law ") was revised and put into effect. Some advanced systems and concepts have been added to address the current situation in the society. On July 2, 2015, the Supreme People’s Procuratorate promulgated the Pilot Scheme on Reforming Public Interest Litigation by Procuratorial Organizations, which once again brought public interest litigation into the field of vision. Since the public interest litigation reform pilot program has been proposed so far, the scope of public interest litigation is basically restricted to civil or administrative public interest litigation of environmental pollution. However, there are few public interest litigation cases concerning food safety issues. However, the superiority of the public interest litigation system can fit the particularity of the food safety field better. The public interest litigation helps to achieve social co-governance, from prevention to relief to achieve all-round impact, and both parties are sobered both economically and spiritually. Therefore, the introduction of public interest litigation system in the field of food safety will improve the current status of poor administrative supervision and insufficient relief in the field of food safety in our country. Improve the public welfare litigation system in the field of food safety will promote the public interest litigation system in the field of food safety.